There is no crime of attempted petty theft with a prior conviction. None of the elements of Penal Code section 666 may be attempted. (People v. Bean (1989) 213 Cal.App.3d 639, 642, fn. 4 [261 Cal.Rptr. 784].) PC 666.1 is California's new repeat theft law under Prop 36. Learn what it means, who it targets, and what penalties you could face if charged. Notwithstanding Section 490, any person described in subdivision (b) who, having been convicted of petty theft, grand theft, a conviction pursuant to… (a) (1) Notwithstanding any other law, a person who has two or more prior convictions for any of the offenses listed in paragraph (2), and who is convicted of petty theft or shoplifting, is punishable by imprisonment in the county jail not exceeding one year or pursuant to subdivision (h) of Section 1170. If a second or subsequent conviction of Penal Code section 666.1 is charged, give either CALCRIM No. 3100, Prior Conviction: NonBifurcated Trial or CALCRIM (a) Notwithstanding Section 490, any person described in subdivision (b) who, having been convicted of petty theft, grand theft, a conviction pursuant to subdivision (d) or (e) of Section 368, auto. Penal Code § 666 PC is the charge commonly filed when you commit petty theft while having a criminal record that includes certain prior convictions. The purpose of this new law – California Penal Code 666.1 – is to deter repeat thefts. However, the court does have the discretion to permit you to do a diversion program in lieu of incarceration. Cal. PEN Code § 666.1 - 666.1. (a) (1) Notwithstanding any other law, a person who has two or more prior convictions for any of the offenses listed in paragraph (2), and who is convicted of petty theft or shoplifting, is punishable. (1)Notwithstanding any other law, a person who has two or more prior convictions for any of the offenses listed in paragraph (2), and who is convicted of petty theft or shoplifting, is punishable by imprisonment in the county jail not exceeding one year or pursuant to subdivision (h) of Section 1170.